HomeMy WebLinkAboutOrdinance - 313-1925 - Defining Bus Services In The City - 08/13/19250
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ORDINANCE NO. 313
AN ORDINANCE defining bus servtee in the City, prescribing the method to obtain
a franchise to operate such service herein, naming the requirements to obta in
same, and the class of service to be rendered forbidding any person to operate
any bus on a regular route (defining same) without having previously complied
with the provisions of this Ordinance, and defining the class of persons who may
operate such vehicles after a permit has been issued, and forbidding certain
persons to drive or operate such; providing that the City shall be authorized to
fix the routes to be used, the class of service, and schedules, and the rates
to be charged, and that an annual franchise fee for supervision may be imposed
by the City; fixing penalties for violationof any part hereof, and dedaring
an emergency account of the need of such service being established before the
opening of the Texas Technological College. and the necessity for regulation of
such service.
BE IT ORDAINED by the City Commission of the City of Lubbock, Texas.
Section 1. Bus Service B defined to be the carrying of passengers for hire by
motor driven vehicles over a regular route.
A regular route is one whereon service is operated or solicited for
as much as four hours in one day; _but it is not intended to include cab service
over a fixed route to and from depots, nor motor vehicles operating to a regular
destination more than five miles from the corporate limits making no stops ·outside
the fire limits of the City
The equipment for such service shall be a vehicle of not less than
sixteen passenger carrying capacity, all seated on fixed seats, equipped with
pneumatic tires throughout, capable of being entirely enclosed by doors of steel,
wood or glass, or some combination thereof, ventilated and equipped with sufficient
heating device to varm the interior thereof, and in good repair, during the months
of January, February, March, Nov~er and December of each year, and such vehicle
shall otherwise comply with the laws of this State regulating motor vehicles,
and shall be kept at all times thoroughly sanitary.
Section 2. Any person desiring to operate Bus Service herein, or partly within,
this City, shall, before engaging in such enterprise, present to the City Commissio
in wttting the route upon which he will operate the schedule of such service, the
fare to be cha~gedl~ the kind and character of equipment to be used, the probable
number of passengers per month who will use such service, a bond in the penal sum
of $10,000 conditioned as afterwards named, shall satisfy the Commission that he
is a proper person to whom a franchise may be granted, that the fares to be
charged are reasonable, that he will operate such service is a safe and ade quate
manner, and that a necessity exists for the establishment and operation of such
service over the route named, whereupon, if the judgement of the City Commission
is that all such matters are ~eg ular, necessary and reasonable, a franchise may be
issued to the applicant, under the terms of this Ordinance, and such conditions
as the Commission may prescribe.
Such Bond shall be executed by some surety corporation authorized
to do business in this State cover a perio d of not less than two years and
be renewed every two years, payable, to the City for the use and benefit of
such persons who may be physically injured in the operation of such service
shall not be void upon first recovery, and when reduced by judgment or settlement
shall be immediately restored to the penal sum, and shall be conditioned to protedt•
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the City and public against injury to property from the operatiSn ~thereof.
The City may charge and collect in advance an aanual franchise fee
of $250.00 per vehicle.
Section 3. No person who is afflicted with any communicable disease, near sighted,
mained or color blind, or who drinks intoxicating liquors, or under the influence
of any drug, shall be permitted to operate any such vehtcle licensed hereunder,
nor shall such person sell or take up tickets for transportation thereon, and all
operators shall be of the age of eighteen years, or over.
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The name, age, residence for the pasc five years, and occupation for
such period, whether convicted of any offense and what, of every person proposed
to operate a licensed vehicle, shall be furnished in writing to the Commission for
ten days previous to his engaging in the operation thereof, and if, upon inveatigati n
of the application and the character of such person, it is found that he is sound,
of good moral character, and otherwise complies with the provisions thereof, a
permit will be issued by the Commission for such person to operate in the bus
service, but no person shall e o operate without having first obtained such permit,
and a fee of One dollar shall be paid for each permit issued.
Section 4. Upon violation of the terms of this Ordinance, or any franchise issued
hereunder, after ten days notice in writing, specifying the grounds of complaint
distinctly, a bearing may be had before the City Commission as to the correctness
of the complaint-which shall be under oath, and if such grounds of complaint be
proven, such franchise may be foreited and the rights of the person holding same
wholly terminated.
Section S. Any person guilty of violating any portion of this Ordinance shall,
upon conviction, be punished by a fine of not less than One Hundred Dollars
nor more than Two Hundred dollars.
Section 6. The fact that certain persons desire to establish bus service in
certain portions of the City. the fact that same is badly heeded before the
opening of the Texas Technological College in September of this year, and
that such service should be strictly regulated, creates an emergency and public
necessity that the rule requiring an ordinance to be read at more than One meeting
before passage, be, and the same hereby is, suspended, and this ordinance enacted
at the meeting of its introduction, and shall be effective at the end of ten
days publication, and it is so ordered.
Passed by unanimous vote, this the 13 day of August 1925, and
approved
F. R.. Friend,
Mayor, City of Lubbock, Texas
Attest
J. R. Germany,
City Secretary, City of Lubbock, Texas.